Here, we will explain the purpose of the Short-Term (Up to 90 days) Salariés Détachés Hors Mobilité Intragroupe immigration route for France, the eligibility rules, and how to apply. For expert assistance with your immigration matter, contact Reiss Edwards, immigration lawyers, and solicitors in London.
With the world’s fifth-largest economy (worth over 2.5 Trillion Euros), France is home to many of the world’s largest multinationals, including Airbus, L’Oreal, the PSA Group, Danone, BNP Paribas, Ubisoft, Michelin, and Capgemini. Global organisations with interests in France rely heavily on sending seconded employees from other countries to carry out specific tasks or projects in a French company in the same group (i.e. Intra-group transfers). By doing so, companies can ensure that staff with the necessary skills, experience, and seniority can be seconded where they are needed. Here, we will explain the purpose of the Short-Term (Up to 90 days) Seconded Employees Outside Intra-Group Mobility (Salariés Détachés Hors Mobilité Intragroupe) Permit for France, the eligibility rules, and how to apply.
Ordinarily, an employee of a multi-national based in one country can be seconded to a branch or subsidiary of another country (e.g. France) through the Intra-Company Transfer (ICT) scheme. In some situations, however, the worker is not eligible for an ICT permit and must rely on another immigration route to be seconded. Under the French immigration system, this may happen if the applicant has not been with the ‘sending organisation’ for at least six months, or the nature of the intended undertaking may be assessed as not fitting the criteria for an ICT permit. The ICT permit requirements state that applicants must be exercising ‘senior functions’ or expertise in France. However, under the French immigration rules, it may be possible for seconded employees who are not eligible for an ICT permit to apply for a temporary work permit marked ‘Travailleurs Temporaires’ – this is referred to as secondment outside of intra-group mobility.
In order to be eligible for a Travailleurs Temporaires permit for the purposes of a secondment in France, applicants must:
The first stage is for your employer to apply online for a work permit. Because you will be staying in France for less than 90 days, there is no requirement for the employer to request work authorisation. If your work permit is approved, you will then be able to apply for an entry visa.
The next step is to check if you will need an entry visa (some countries have exemptions). For those applicants who need to apply for a short-term visa, this can be completed online or by visiting their nearest French consulate. It is recommended that applications be submitted three months before the intended date of arrival in the country.
Several documents may be submitted to support a short-stay visa, including:
The short-stay visa fee you will need to pay depends on which country you are applying from. To check how much you will need to pay, check the French government’s visa website.
On arrival in France, you will need to show your passport, short-term visa (if you need one), and your work permit at the border. You will not need to apply for a residence permit in France as these are only mandatory for foreigners staying in France for more than three months.
In many cases, the project or assignment linked to the secondment may take longer than anticipated, in which case a residence permit extension will be needed. Your employer may need to apply for a new work permit for the additional amount of time needed. You may also need to apply for a long-term visa as short-term visas are only for stays of up to 90 days in France. Once you have a new work permit approved and a long-stay visa, you may then need to apply for a residence permit.